Federal law does not override New York City’s local statute banning gas and other fossil fuels in new buildings, a judge ruled this week.
Judge Ronnie Abrams of the Southern District of New York issued the order Tuesday, dismissing a challenge to the gas ban from unions, builders and fossil fuel trade groups. The 16-page ruling clashes with a separate decision overturning Berkeley’s gas ban in a California case.
Why it matters: New York City’s local ban on fossil fuels in new construction started to go into effect in 2024 for buildings under seven stories. Bans in larger buildings begin in 2027. A similar ban on the state level is scheduled for buildings under seven stories in 2026 and for larger buildings in 2029.
Gas bans have been a hot button political issue and have faced pushback in their early stages — both when proposed and passed — but they’re also hitting legal and implementation challenges. The dismissal of one lawsuit is a victory for gas ban proponents, but not the final word on the issue.
